Focus On

Wills, Trusts & Estates


Monday, April 04, 2022 @ 2:12 PM

PM kicks off process to find next Supreme Court judge; Indigenous rep to be added to advisory board Justin Trudeau

Prime Minister Justin Trudeau has launched the process to find departing Supreme Court of Canada Justice Michael Moldaver’s successor, in a move that could lead to the historic appointment of Canada’s first Indigenous Supreme Court of Canada judge. ... [read more]

Monday, April 04, 2022 @ 10:45 AM

Access to Justice: It means caring for people and the system | Andromache Karakatsanis

I am delighted to be writing my first Access to Justice column as the new chair of the Action Committee on Access to Justice in Civil and Family Matters. I am grateful to Beverley McLachlin for her work through the Action Committee and to Chief Justice Wagner for his dedication to access to justice — and for appointing me to this role. ... [read more]

Monday, April 04, 2022 @ 9:12 AM

OBA report casts spotlight on lack of ‘neutral diversity’ in mediation, arbitration Ranjan Agarwal, first vice-president of the OBA

The Ontario Bar Association (OBA) has released a report highlighting the lack of diversity of arbitrators and mediators being hired in the province. The OBA’s research in this area noted trends in commercial litigation and employment law, with survey respondents indicating that they engaged mostly white males for mediation and arbitration matters. ... [read more]

Friday, April 01, 2022 @ 3:59 PM

Beneficiaries not liable for debts of a trust or trustee, Alberta Appeal Court rules Emily MacKinnon, Osler

Alberta’s top court has ruled a judge was wrong in ordering two First Nations to pay back money they had received as part of an overpayment on energy royalties, and a lawyer involved in the case is calling the decision an important clarification on trust law. ... [read more]

Thursday, March 31, 2022 @ 2:34 PM

Virtual proceedings: Here to stay but devil in the details | Julius Melnitzer

With the announcement that Ontario’s family lawyers will return in person to the Superior Court of Justice in April for parts of the divorce process, there’s a growing sense that things are returning to normal — or at least the “new normal.” ... [read more]

Thursday, March 31, 2022 @ 1:41 PM

Department of Finance proposes new tax reporting requirements for bare trusts Hands typing on laptop with tax icon

Canadian bare trusts could soon be required to file annual returns with the Canada Revenue Agency (CRA); those who fail to do so could face substantial penalties for failing to report. ... [read more]

Thursday, March 31, 2022 @ 9:39 AM

Courts continue to ease COVID-19 restrictions, protocols

Despite recent warnings of a sixth wave of COVID-19, various Canadian courts continue to ease health protocols. With 81 per cent of Canadians considered fully vaccinated and almost 47 per cent having received an additional dose as of March 25, and provinces easing health measures, courts from coast to coast are continuing their efforts to operating regularly once again. ... [read more]

Thursday, March 31, 2022 @ 9:05 AM

Law Society Tribunal decision provides ‘lessons’ profession ‘should take to heart,’ lawyer says Gavin MacKenzie, MacKenzie Barristers

The Law Society Tribunal has suspended a lawyer and ordered him to pay $54,000 in costs to the Law Society of Ontario (LSO) for engaging in “both professional misconduct and conduct unbecoming” of a lawyer after he acted as counsel for his mother in signing a marriage contract and for falsely signing two affidavits. ... [read more]

Tuesday, March 29, 2022 @ 8:55 AM

Tipping the scales in court Man with writing impliments and tipped scales of justice

A litigator’s secret fantasy is to appear before a judge and have the attendance flow smoothly with the judge giving you everything you want in your matter and your greatness being acknowledged by the judge throughout your appearance. ... [read more]

Tuesday, March 29, 2022 @ 6:35 AM

TRUSTS - Express trusts - Elements - Trust for the benefit of persons, beneficiary principle

Application by the Applicants for advice and direction in relation to the interpretation of a 2016 Consent Order (“Order”). The Order was granted for the transfer of assets from the 1982 Trust to the 1985 Trust. No appeal was brought in relation to the Order. It therefore remained a binding order of the Court. ... [read more]